Rajpal Rawat vs State Of Madhya Pradesh

The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Sabalgarh, District Morena in connection with Crime No.433/2019 registered in relation to the offence punishable u/S. 34 (2) of Excise Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. As per prosecution, 54 liters of country made liquor alleged to have been seized from the possession of the applicant. The case is triable by the trial Court. The applicant is in custody since 27.08.2019 and trial would take considerable time to conclude, therefore, the applicant may be released on bail.

Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application. Counsel for State fairly submits that as per case-diary there is no other offence registered against the present applicant.

Heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.

It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be and would not move in the vicinity of the complainant;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.